IN THE FEDERAL COURT OF AUSTRALIA)
)
AUSTRALIAN CAPITAL TERRITORY )
) No. ACT G49 of 1995 DISTRICT REGISTRY )
)
GENERAL DIVISION )
BETWEEN: VALMA ELIZABETH BUCK
Applicant
AND: COMCARE
Respondent
COURT: FINN J
PLACE: CANBERRA
DATE: 17 MAY 1996
CORRIGENDUM
Amendments to the judgment of his Honour, Justice Finn, handed down on 17 May 1996.
1. Please remove the Catchwords page (one page only) and replace with the new Catchwords (two pages).
James Watson
Associate to Justice Finn
19 June 1996
CATCHWORDS
SAFETY REHABILITATION AND COMPENSATION ACT - reconsideration of decision to pay compensation - request to attend medical examination - psychiatrist advice not to attend - request refused - whether recipient had 'reasonable excuse' - not reviewable under ADJR Act - question of objective fact.
Administrative Decisions (Judicial Review) Act 1977
Safety, Rehabilitation and Compensation Act 1988, s57(2)
Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321
Australian Heritage Commission v Mount Isa Mines Ltd (1995) 39
ALD 262
Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24
Queensland v Wyvill (1989) 25 FCR 512
Tasmanian Conservation Trust v Minister for Resources (1995) 127 ALR 580
Turner v Minister for Immigration and Ethnic Affairs (1981) 35 ALR 388
ADMINISTRATIVE LAW - Judicial Review - jurisdiction under ADJR Act - 'without reasonable excuse' - whether section impliedly requires a relevant administrative decision - whether section self executing - construction of s57(2) SRC Act - ADJR Act review not available.
Safety, Rehabilitation and Compensation Act 1988, s57(2)
Australian Broadcasting Commission Staff Association v Bonner (1984) 54 ALR 653
Hutchins v Deputy Commissioner of Taxation, Full Court of the Federal Court, unreported, 27 March 1996
Minister for Immigration and Ethnic Affairs v Naumovska (1983) 88 ALR 589
STATUTORY CONSTRUCTION - Parliamentary Intention - common law presumptions - principles where common law rights affected - construction where statutory rights affected - construction of 'without reasonable excuse' section - whether recipient has a reasonable excuse is an objective fact for the court to determine.
Safety, Rehabilitation and Compensation Act 1988, s57(2)
Minister for Immigration and Ethnic Affairs v Naumovska (1983) 88 ALR 589
FEDERAL COURT - Jurisdiction - whether court could grant declaration without jurisdiction under ADJR Act - accrued jurisdiction - associated jurisdiction - cross vested jurisdiction - ADJR Act application not brought as matter of artificiality or subterfuge - jurisdiction found to grant declaration.
Federal Court of Australia Act, s32
Jurisdiction of Courts (Cross-Vesting) Act 1987
Burgundy Royale Investments Pty Ltd v Westpac Banking Corporation (1987) 18 FCR 212
Kelson v Forward (1996) 39 ALD 303
Langer v Australian Electoral Commission unreported 7 March 1996
New South Wales Aboriginal Land Council v Aboriginal and Torres Strait Islander Commission (1995) 131 ALR 559
Post Office Agents Association Ltd v Australian Postal Commission (1988) 84 ALR 563
VALMA ELIZABETH BUCK v COMCARE
No ACT G49 of 1995
FINN J
CANBERA
17 MAY 1996
